PESTICIDES ACT 1999 - SECT 39 Operation of pesticide control order

PESTICIDES ACT 1999 - SECT 39

39 Operation of pesticide control order

(1) A pesticide control order may--

(a) prohibit or control the use of a pesticide or class of pesticide that is specified in the order, or

(b) authorise the use or possession of a restricted pesticide or class of restricted pesticide that is specified in the order,

subject to such conditions as may be specified in the order.

(2) A pesticide control order may prohibit or control the use of a pesticide, or authorise the use or possession of a restricted pesticide, by reference to any one or more of the following--

(a) the manner in which the pesticide to which the order relates may or may not be used (including the equipment by means of which the pesticide may or may not be used),

(b) the class of persons who may or may not use the pesticide,

(c) the climatic conditions under which the pesticide may or may not be used,

(d) the land in respect of which the pesticide may or may not be used,

(e) the occasions (whether by reference to particular days of the year or particular times of the day or the year) on which the pesticide may or may not be used,

(f) the concentration or application rate in which the pesticide may or may not be used,

(g) requiring training in the use of the pesticide,

(h) requiring records to be kept in relation to the use of the pesticide,

(i) requiring notification to be given, in a specified manner, to persons in the area where a pesticide is proposed to be used,

(j) requiring the erection of signs, in or about the area in which a pesticide is proposed to be used,

(k) any other circumstances in which the pesticide may or may not be used,

(l) any other factor or condition specified in the order.

(3) A pesticide control order may impose additional requirements to those appearing on an approved label or specified in a permit. In the event of any inconsistency between the requirements imposed by an order and those appearing on an approved label or specified in a permit, the terms of the order prevail.

(4) A person must not contravene a pesticide control order.

: Maximum penalty--

(a) $120,000 in the case of a corporation, or

(b) $60,000 in the case of an individual.

Note : An offence against subsection (4) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation--see section 112.